Rep. Mary E. Flowers
Filed: 5/12/2009
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1 | AMENDMENT TO SENATE BILL 807
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2 | AMENDMENT NO. ______. Amend Senate Bill 807 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Children and Family Services Act is amended | ||||||
5 | by changing Sections 5, 5a, and 9.9 as follows:
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6 | (20 ILCS 505/5) (from Ch. 23, par. 5005)
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7 | Sec. 5. Direct child welfare services; Department of | ||||||
8 | Children and Family
Services. To provide direct child welfare | ||||||
9 | services when not available
through other public or private | ||||||
10 | child care or program facilities.
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11 | (a) For purposes of this Section:
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12 | (1) "Children" means persons found within the State who | ||||||
13 | are under the
age of 18 years. The term also includes | ||||||
14 | persons under age 19 who:
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15 | (A) were committed to the Department pursuant to | ||||||
16 | the
Juvenile Court Act or the Juvenile Court Act of |
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1 | 1987, as amended, prior to
the age of 18 and who | ||||||
2 | continue under the jurisdiction of the court; or
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3 | (B) were accepted for care, service and training by
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4 | the Department prior to the age of 18 and whose best | ||||||
5 | interest in the
discretion of the Department would be | ||||||
6 | served by continuing that care,
service and training | ||||||
7 | because of severe emotional disturbances, physical
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8 | disability, social adjustment or any combination | ||||||
9 | thereof, or because of the
need to complete an | ||||||
10 | educational or vocational training program.
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11 | (2) "Homeless youth" means persons found within the
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12 | State who are under the age of 19, are not in a safe and | ||||||
13 | stable living
situation and cannot be reunited with their | ||||||
14 | families.
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15 | (3) "Child welfare services" means public social | ||||||
16 | services which are
directed toward the accomplishment of | ||||||
17 | the following purposes:
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18 | (A) protecting and promoting the health, safety | ||||||
19 | and welfare of
children,
including homeless, dependent | ||||||
20 | or neglected children;
| ||||||
21 | (B) remedying, or assisting in the solution
of | ||||||
22 | problems which may result in, the neglect, abuse, | ||||||
23 | exploitation or
delinquency of children;
| ||||||
24 | (C) preventing the unnecessary separation of | ||||||
25 | children
from their families by identifying family | ||||||
26 | problems, assisting families in
resolving their |
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1 | problems, and preventing the breakup of the family
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2 | where the prevention of child removal is desirable and | ||||||
3 | possible when the
child can be cared for at home | ||||||
4 | without endangering the child's health and
safety;
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5 | (D) restoring to their families children who have | ||||||
6 | been
removed, by the provision of services to the child | ||||||
7 | and the families when the
child can be cared for at | ||||||
8 | home without endangering the child's health and
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9 | safety;
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10 | (E) placing children in suitable adoptive homes, | ||||||
11 | in
cases where restoration to the biological family is | ||||||
12 | not safe, possible or
appropriate;
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13 | (F) assuring safe and adequate care of children | ||||||
14 | away from their
homes, in cases where the child cannot | ||||||
15 | be returned home or cannot be placed
for adoption. At | ||||||
16 | the time of placement, the Department shall consider
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17 | concurrent planning,
as described in subsection (l-1) | ||||||
18 | of this Section so that permanency may
occur at the | ||||||
19 | earliest opportunity. Consideration should be given so | ||||||
20 | that if
reunification fails or is delayed, the | ||||||
21 | placement made is the best available
placement to | ||||||
22 | provide permanency for the child;
| ||||||
23 | (G) (blank);
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24 | (H) (blank); and
| ||||||
25 | (I) placing and maintaining children in facilities | ||||||
26 | that provide
separate living quarters for children |
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1 | under the age of 18 and for children
18 years of age | ||||||
2 | and older, unless a child 18 years of age is in the | ||||||
3 | last
year of high school education or vocational | ||||||
4 | training, in an approved
individual or group treatment | ||||||
5 | program, in a licensed shelter facility,
or secure | ||||||
6 | child care facility.
The Department is not required to | ||||||
7 | place or maintain children:
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8 | (i) who are in a foster home, or
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9 | (ii) who are persons with a developmental | ||||||
10 | disability, as defined in
the Mental
Health and | ||||||
11 | Developmental Disabilities Code, or
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12 | (iii) who are female children who are | ||||||
13 | pregnant, pregnant and
parenting or parenting, or
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14 | (iv) who are siblings, in facilities that | ||||||
15 | provide separate living quarters for children 18
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16 | years of age and older and for children under 18 | ||||||
17 | years of age.
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18 | (b) Nothing in this Section shall be construed to authorize | ||||||
19 | the
expenditure of public funds for the purpose of performing | ||||||
20 | abortions.
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21 | (c) The Department shall establish and maintain | ||||||
22 | tax-supported child
welfare services and extend and seek to | ||||||
23 | improve voluntary services
throughout the State, to the end | ||||||
24 | that services and care shall be available
on an equal basis | ||||||
25 | throughout the State to children requiring such services.
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26 | (d) The Director may authorize advance disbursements for |
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1 | any new program
initiative to any agency contracting with the | ||||||
2 | Department. As a
prerequisite for an advance disbursement, the | ||||||
3 | contractor must post a
surety bond in the amount of the advance | ||||||
4 | disbursement and have a
purchase of service contract approved | ||||||
5 | by the Department. The Department
may pay up to 2 months | ||||||
6 | operational expenses in advance. The amount of the
advance | ||||||
7 | disbursement shall be prorated over the life of the contract
or | ||||||
8 | the remaining months of the fiscal year, whichever is less, and | ||||||
9 | the
installment amount shall then be deducted from future | ||||||
10 | bills. Advance
disbursement authorizations for new initiatives | ||||||
11 | shall not be made to any
agency after that agency has operated | ||||||
12 | during 2 consecutive fiscal years.
The requirements of this | ||||||
13 | Section concerning advance disbursements shall
not apply with | ||||||
14 | respect to the following: payments to local public agencies
for | ||||||
15 | child day care services as authorized by Section 5a of this | ||||||
16 | Act; and
youth service programs receiving grant funds under | ||||||
17 | Section 17a-4.
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18 | (e) (Blank).
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19 | (f) (Blank).
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20 | (g) The Department shall establish rules and regulations | ||||||
21 | concerning
its operation of programs designed to meet the goals | ||||||
22 | of child safety and
protection,
family preservation, family | ||||||
23 | reunification, and adoption, including but not
limited to:
| ||||||
24 | (1) adoption;
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25 | (2) foster care;
| ||||||
26 | (3) family counseling;
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1 | (4) protective services;
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2 | (5) (blank);
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3 | (6) homemaker service;
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4 | (7) return of runaway children;
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5 | (8) (blank);
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6 | (9) placement under Section 5-7 of the Juvenile Court | ||||||
7 | Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile | ||||||
8 | Court Act of 1987 in
accordance with the federal Adoption | ||||||
9 | Assistance and Child Welfare Act of
1980; and
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10 | (10) interstate services.
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11 | Rules and regulations established by the Department shall | ||||||
12 | include
provisions for training Department staff and the staff | ||||||
13 | of Department
grantees, through contracts with other agencies | ||||||
14 | or resources, in alcohol
and drug abuse screening techniques | ||||||
15 | approved by the Department of Human
Services, as a successor to | ||||||
16 | the Department of Alcoholism and Substance Abuse,
for the | ||||||
17 | purpose of identifying children and adults who
should be | ||||||
18 | referred to an alcohol and drug abuse treatment program for
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19 | professional evaluation.
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20 | (h) If the Department finds that there is no appropriate | ||||||
21 | program or
facility within or available to the Department for a | ||||||
22 | ward and that no
licensed private facility has an adequate and | ||||||
23 | appropriate program or none
agrees to accept the ward, the | ||||||
24 | Department shall create an appropriate
individualized, | ||||||
25 | program-oriented plan for such ward. The
plan may be developed | ||||||
26 | within the Department or through purchase of services
by the |
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1 | Department to the extent that it is within its statutory | ||||||
2 | authority
to do.
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3 | (i) Service programs shall be available throughout the | ||||||
4 | State and shall
include but not be limited to the following | ||||||
5 | services:
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6 | (1) case management;
| ||||||
7 | (2) homemakers;
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8 | (3) counseling;
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9 | (4) parent education;
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10 | (5) day care; and
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11 | (6) emergency assistance and advocacy.
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12 | In addition, the following services may be made available | ||||||
13 | to assess and
meet the needs of children and families:
| ||||||
14 | (1) comprehensive family-based services;
| ||||||
15 | (2) assessments;
| ||||||
16 | (3) respite care; and
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17 | (4) in-home health services.
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18 | The Department shall provide transportation for any of the | ||||||
19 | services it
makes available to children or families or for | ||||||
20 | which it refers children
or families.
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21 | (j) The Department may provide categories of financial | ||||||
22 | assistance and
education assistance grants, and shall
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23 | establish rules and regulations concerning the assistance and | ||||||
24 | grants, to
persons who
adopt physically or mentally | ||||||
25 | handicapped, older and other hard-to-place
children who (i) | ||||||
26 | immediately prior to their adoption were legal wards of
the |
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1 | Department
or (ii) were determined eligible for financial | ||||||
2 | assistance with respect to a
prior adoption and who become | ||||||
3 | available for adoption because the
prior adoption has been | ||||||
4 | dissolved and the parental rights of the adoptive
parents have | ||||||
5 | been
terminated or because the child's adoptive parents have | ||||||
6 | died.
The Department may continue to provide financial | ||||||
7 | assistance and education assistance grants for a child who was | ||||||
8 | determined eligible for financial assistance under this | ||||||
9 | subsection (j) in the interim period beginning when the child's | ||||||
10 | adoptive parents died and ending with the finalization of the | ||||||
11 | new adoption of the child by another adoptive parent or | ||||||
12 | parents. The Department may also provide categories of | ||||||
13 | financial
assistance and education assistance grants, and
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14 | shall establish rules and regulations for the assistance and | ||||||
15 | grants, to persons
appointed guardian of the person under | ||||||
16 | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||||||
17 | 4-25 or 5-740 of the Juvenile Court Act of 1987
for children | ||||||
18 | who were wards of the Department for 12 months immediately
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19 | prior to the appointment of the guardian.
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20 | The amount of assistance may vary, depending upon the needs | ||||||
21 | of the child
and the adoptive parents,
as set forth in the | ||||||
22 | annual
assistance agreement. Special purpose grants are | ||||||
23 | allowed where the child
requires special service but such costs | ||||||
24 | may not exceed the amounts
which similar services would cost | ||||||
25 | the Department if it were to provide or
secure them as guardian | ||||||
26 | of the child.
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1 | Any financial assistance provided under this subsection is
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2 | inalienable by assignment, sale, execution, attachment, | ||||||
3 | garnishment, or any
other remedy for recovery or collection of | ||||||
4 | a judgment or debt.
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5 | (j-5) The Department shall not deny or delay the placement | ||||||
6 | of a child for
adoption
if an approved family is available | ||||||
7 | either outside of the Department region
handling the case,
or | ||||||
8 | outside of the State of Illinois.
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9 | (k) The Department shall accept for care and training any | ||||||
10 | child who has
been adjudicated neglected or abused, or | ||||||
11 | dependent committed to it pursuant
to the Juvenile Court Act or | ||||||
12 | the Juvenile Court Act of 1987.
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13 | (l) Before July 1, 2000, the Department may provide, and | ||||||
14 | beginning
July 1, 2000, the Department shall
offer family | ||||||
15 | preservation services, as defined in Section 8.2 of the Abused
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16 | and
Neglected Child
Reporting Act, to help families, including | ||||||
17 | adoptive and extended families.
Family preservation
services | ||||||
18 | shall be offered (i) to prevent the
placement
of children in
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19 | substitute care when the children can be cared for at home or | ||||||
20 | in the custody of
the person
responsible for the children's | ||||||
21 | welfare,
(ii) to
reunite children with their families, or (iii) | ||||||
22 | to
maintain an adoptive placement. Family preservation | ||||||
23 | services shall only be
offered when doing so will not endanger | ||||||
24 | the children's health or safety. With
respect to children who | ||||||
25 | are in substitute care pursuant to the Juvenile Court
Act of | ||||||
26 | 1987, family preservation services shall not be offered if a |
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1 | goal other
than those of subdivisions (A), (B), or (B-1) of | ||||||
2 | subsection (2) of Section 2-28
of
that Act has been set.
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3 | Nothing in this paragraph shall be construed to create a | ||||||
4 | private right of
action or claim on the part of any individual | ||||||
5 | or child welfare agency.
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6 | The Department shall notify the child and his family of the
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7 | Department's
responsibility to offer and provide family | ||||||
8 | preservation services as
identified in the service plan. The | ||||||
9 | child and his family shall be eligible
for services as soon as | ||||||
10 | the report is determined to be "indicated". The
Department may | ||||||
11 | offer services to any child or family with respect to whom a
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12 | report of suspected child abuse or neglect has been filed, | ||||||
13 | prior to
concluding its investigation under Section 7.12 of the | ||||||
14 | Abused and Neglected
Child Reporting Act. However, the child's | ||||||
15 | or family's willingness to
accept services shall not be | ||||||
16 | considered in the investigation. The
Department may also | ||||||
17 | provide services to any child or family who is the
subject of | ||||||
18 | any report of suspected child abuse or neglect or may refer | ||||||
19 | such
child or family to services available from other agencies | ||||||
20 | in the community,
even if the report is determined to be | ||||||
21 | unfounded, if the conditions in the
child's or family's home | ||||||
22 | are reasonably likely to subject the child or
family to future | ||||||
23 | reports of suspected child abuse or neglect. Acceptance
of such | ||||||
24 | services shall be voluntary. The Department may also provide | ||||||
25 | services to any child or family after completion of a family | ||||||
26 | assessment, as an alternative to an investigation, as provided |
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1 | under the "differential response program" provided for in | ||||||
2 | subsection (a-5) of Section 7.4 of the Abused and Neglected | ||||||
3 | Child Reporting Act.
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4 | The Department may, at its discretion except for those | ||||||
5 | children also
adjudicated neglected or dependent, accept for | ||||||
6 | care and training any child
who has been adjudicated addicted, | ||||||
7 | as a truant minor in need of
supervision or as a minor | ||||||
8 | requiring authoritative intervention, under the
Juvenile Court | ||||||
9 | Act or the Juvenile Court Act of 1987, but no such child
shall | ||||||
10 | be committed to the Department by any court without the | ||||||
11 | approval of
the Department. A minor charged with a criminal | ||||||
12 | offense under the Criminal
Code of 1961 or adjudicated | ||||||
13 | delinquent shall not be placed in the custody of or
committed | ||||||
14 | to the Department by any court, except a minor less than 15 | ||||||
15 | years
of age committed to the Department under Section 5-710 of | ||||||
16 | the Juvenile Court
Act
of 1987 or a minor for whom an | ||||||
17 | independent basis of abuse, neglect, or dependency exists, | ||||||
18 | which must be defined by departmental rule. An independent | ||||||
19 | basis exists when the allegations or adjudication of abuse, | ||||||
20 | neglect, or dependency do not arise from the same facts, | ||||||
21 | incident, or circumstances which give rise to a charge or | ||||||
22 | adjudication of delinquency.
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23 | (l-1) The legislature recognizes that the best interests of | ||||||
24 | the child
require that
the child be placed in the most | ||||||
25 | permanent living arrangement as soon as is
practically
| ||||||
26 | possible. To achieve this goal, the legislature directs the |
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| |||||||
1 | Department of
Children and
Family Services to conduct | ||||||
2 | concurrent planning so that permanency may occur at
the
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3 | earliest opportunity. Permanent living arrangements may | ||||||
4 | include prevention of
placement of a child outside the home of | ||||||
5 | the family when the child can be cared
for at
home without | ||||||
6 | endangering the child's health or safety; reunification with | ||||||
7 | the
family,
when safe and appropriate, if temporary placement | ||||||
8 | is necessary; or movement of
the child
toward the most | ||||||
9 | permanent living arrangement and permanent legal status.
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10 | When determining reasonable efforts to be made with respect | ||||||
11 | to a child, as
described in this
subsection, and in making such | ||||||
12 | reasonable efforts, the child's health and
safety shall be the
| ||||||
13 | paramount concern.
| ||||||
14 | When a child is placed in foster care, the Department shall | ||||||
15 | ensure and
document that reasonable efforts were made to | ||||||
16 | prevent or eliminate the need to
remove the child from the | ||||||
17 | child's home. The Department must make
reasonable efforts to | ||||||
18 | reunify the family when temporary placement of the child
occurs
| ||||||
19 | unless otherwise required, pursuant to the Juvenile Court Act | ||||||
20 | of 1987.
At any time after the dispositional hearing where the | ||||||
21 | Department believes
that further reunification services would | ||||||
22 | be ineffective, it may request a
finding from the court that | ||||||
23 | reasonable efforts are no longer appropriate. The
Department is | ||||||
24 | not required to provide further reunification services after | ||||||
25 | such
a
finding.
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26 | A decision to place a child in substitute care shall be |
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1 | made with
considerations of the child's health, safety, and | ||||||
2 | best interests. At the
time of placement, consideration should | ||||||
3 | also be given so that if reunification
fails or is delayed, the | ||||||
4 | placement made is the best available placement to
provide | ||||||
5 | permanency for the child.
| ||||||
6 | The Department shall adopt rules addressing concurrent | ||||||
7 | planning for
reunification and permanency. The Department | ||||||
8 | shall consider the following
factors when determining | ||||||
9 | appropriateness of concurrent planning:
| ||||||
10 | (1) the likelihood of prompt reunification;
| ||||||
11 | (2) the past history of the family;
| ||||||
12 | (3) the barriers to reunification being addressed by | ||||||
13 | the family;
| ||||||
14 | (4) the level of cooperation of the family;
| ||||||
15 | (5) the foster parents' willingness to work with the | ||||||
16 | family to reunite;
| ||||||
17 | (6) the willingness and ability of the foster family to | ||||||
18 | provide an
adoptive
home or long-term placement;
| ||||||
19 | (7) the age of the child;
| ||||||
20 | (8) placement of siblings.
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21 | (m) The Department may assume temporary custody of any | ||||||
22 | child if:
| ||||||
23 | (1) it has received a written consent to such temporary | ||||||
24 | custody
signed by the parents of the child or by the parent | ||||||
25 | having custody of the
child if the parents are not living | ||||||
26 | together or by the guardian or
custodian of the child if |
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1 | the child is not in the custody of either
parent, or
| ||||||
2 | (2) the child is found in the State and neither a | ||||||
3 | parent,
guardian nor custodian of the child can be located.
| ||||||
4 | If the child is found in his or her residence without a parent, | ||||||
5 | guardian,
custodian or responsible caretaker, the Department | ||||||
6 | may, instead of removing
the child and assuming temporary | ||||||
7 | custody, place an authorized
representative of the Department | ||||||
8 | in that residence until such time as a
parent, guardian or | ||||||
9 | custodian enters the home and expresses a willingness
and | ||||||
10 | apparent ability to ensure the child's health and safety and | ||||||
11 | resume
permanent
charge of the child, or until a
relative | ||||||
12 | enters the home and is willing and able to ensure the child's | ||||||
13 | health
and
safety and assume charge of the
child until a | ||||||
14 | parent, guardian or custodian enters the home and expresses
| ||||||
15 | such willingness and ability to ensure the child's safety and | ||||||
16 | resume
permanent charge. After a caretaker has remained in the | ||||||
17 | home for a period not
to exceed 12 hours, the Department must | ||||||
18 | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||||||
19 | 5-415 of the Juvenile Court Act
of 1987.
| ||||||
20 | The Department shall have the authority, responsibilities | ||||||
21 | and duties that
a legal custodian of the child would have | ||||||
22 | pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | ||||||
23 | Act of 1987. Whenever a child is taken
into temporary custody | ||||||
24 | pursuant to an investigation under the Abused and
Neglected | ||||||
25 | Child Reporting Act, or pursuant to a referral and acceptance
| ||||||
26 | under the Juvenile Court Act of 1987 of a minor in limited |
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| |||||||
1 | custody, the
Department, during the period of temporary custody | ||||||
2 | and before the child
is brought before a judicial officer as | ||||||
3 | required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | ||||||
4 | Court Act of 1987, shall have
the authority, responsibilities | ||||||
5 | and duties that a legal custodian of the child
would have under | ||||||
6 | subsection (9) of Section 1-3 of the Juvenile Court Act of
| ||||||
7 | 1987.
| ||||||
8 | The Department shall ensure that any child taken into | ||||||
9 | custody
is scheduled for an appointment for a medical | ||||||
10 | examination.
| ||||||
11 | A parent, guardian or custodian of a child in the temporary | ||||||
12 | custody of the
Department who would have custody of the child | ||||||
13 | if he were not in the
temporary custody of the Department may | ||||||
14 | deliver to the Department a signed
request that the Department | ||||||
15 | surrender the temporary custody of the child.
The Department | ||||||
16 | may retain temporary custody of the child for 10 days after
the | ||||||
17 | receipt of the request, during which period the Department may | ||||||
18 | cause to
be filed a petition pursuant to the Juvenile Court Act | ||||||
19 | of 1987. If a
petition is so filed, the Department shall retain | ||||||
20 | temporary custody of the
child until the court orders | ||||||
21 | otherwise. If a petition is not filed within
the 10 day period, | ||||||
22 | the child shall be surrendered to the custody of the
requesting | ||||||
23 | parent, guardian or custodian not later than the expiration of
| ||||||
24 | the 10 day period, at which time the authority and duties of | ||||||
25 | the Department
with respect to the temporary custody of the | ||||||
26 | child shall terminate.
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1 | (m-1) The Department may place children under 18 years of | ||||||
2 | age in a secure
child care facility licensed by the Department | ||||||
3 | that cares for children who are
in need of secure living | ||||||
4 | arrangements for their health, safety, and well-being
after a | ||||||
5 | determination is made by the facility director and the Director | ||||||
6 | or the
Director's designate prior to admission to the facility | ||||||
7 | subject to Section
2-27.1 of the Juvenile Court Act of 1987. | ||||||
8 | This subsection (m-1) does not apply
to a child who is subject | ||||||
9 | to placement in a correctional facility operated
pursuant to | ||||||
10 | Section 3-15-2 of the Unified Code of Corrections, unless the
| ||||||
11 | child is a ward who was placed under the care of the Department | ||||||
12 | before being
subject to placement in a correctional facility | ||||||
13 | and a court of competent
jurisdiction has ordered placement of | ||||||
14 | the child in a secure care facility.
| ||||||
15 | (n) The Department may place children under 18 years of age | ||||||
16 | in
licensed child care facilities when in the opinion of the | ||||||
17 | Department,
appropriate services aimed at family preservation | ||||||
18 | have been unsuccessful and
cannot ensure the child's health and | ||||||
19 | safety or are unavailable and such
placement would be for their | ||||||
20 | best interest. Payment
for board, clothing, care, training and | ||||||
21 | supervision of any child placed in
a licensed child care | ||||||
22 | facility may be made by the Department, by the
parents or | ||||||
23 | guardians of the estates of those children, or by both the
| ||||||
24 | Department and the parents or guardians, except that no | ||||||
25 | payments shall be
made by the Department for any child placed | ||||||
26 | in a licensed child care
facility for board, clothing, care, |
| |||||||
| |||||||
1 | training and supervision of such a
child that exceed the | ||||||
2 | average per capita cost of maintaining and of caring
for a | ||||||
3 | child in institutions for dependent or neglected children | ||||||
4 | operated by
the Department. However, such restriction on | ||||||
5 | payments does not apply in
cases where children require | ||||||
6 | specialized care and treatment for problems of
severe emotional | ||||||
7 | disturbance, physical disability, social adjustment, or
any | ||||||
8 | combination thereof and suitable facilities for the placement | ||||||
9 | of such
children are not available at payment rates within the | ||||||
10 | limitations set
forth in this Section. All reimbursements for | ||||||
11 | services delivered shall be
absolutely inalienable by | ||||||
12 | assignment, sale, attachment, garnishment or
otherwise.
| ||||||
13 | (o) The Department shall establish an administrative | ||||||
14 | review and appeal
process for children and families who request | ||||||
15 | or receive child welfare
services from the Department. Children | ||||||
16 | who are wards of the Department and
are placed by private child | ||||||
17 | welfare agencies, and foster families with whom
those children | ||||||
18 | are placed, shall be afforded the same procedural and appeal
| ||||||
19 | rights as children and families in the case of placement by the | ||||||
20 | Department,
including the right to an initial review of a | ||||||
21 | private agency decision by
that agency. The Department shall | ||||||
22 | insure that any private child welfare
agency, which accepts | ||||||
23 | wards of the Department for placement, affords those
rights to | ||||||
24 | children and foster families. The Department shall accept for
| ||||||
25 | administrative review and an appeal hearing a complaint made by | ||||||
26 | (i) a child
or foster family concerning a decision following an |
| |||||||
| |||||||
1 | initial review by a
private child welfare agency or (ii) a | ||||||
2 | prospective adoptive parent who alleges
a violation of | ||||||
3 | subsection (j-5) of this Section. An appeal of a decision
| ||||||
4 | concerning a change in the placement of a child shall be | ||||||
5 | conducted in an
expedited manner.
| ||||||
6 | (p) There is hereby created the Department of Children and | ||||||
7 | Family
Services Emergency Assistance Fund from which the | ||||||
8 | Department may provide
special financial assistance to | ||||||
9 | families which are in economic crisis when
such assistance is | ||||||
10 | not available through other public or private sources
and the | ||||||
11 | assistance is deemed necessary to prevent dissolution of the | ||||||
12 | family
unit or to reunite families which have been separated | ||||||
13 | due to child abuse and
neglect. The Department shall establish | ||||||
14 | administrative rules specifying
the criteria for determining | ||||||
15 | eligibility for and the amount and nature of
assistance to be | ||||||
16 | provided. The Department may also enter into written
agreements | ||||||
17 | with private and public social service agencies to provide
| ||||||
18 | emergency financial services to families referred by the | ||||||
19 | Department.
Special financial assistance payments shall be | ||||||
20 | available to a family no
more than once during each fiscal year | ||||||
21 | and the total payments to a
family may not exceed $500 during a | ||||||
22 | fiscal year.
| ||||||
23 | (q) The Department may receive and use, in their entirety, | ||||||
24 | for the
benefit of children any gift, donation or bequest of | ||||||
25 | money or other
property which is received on behalf of such | ||||||
26 | children, or any financial
benefits to which such children are |
| |||||||
| |||||||
1 | or may become entitled while under
the jurisdiction or care of | ||||||
2 | the Department.
| ||||||
3 | The Department shall set up and administer no-cost, | ||||||
4 | interest-bearing accounts in appropriate financial | ||||||
5 | institutions
for children for whom the Department is legally | ||||||
6 | responsible and who have been
determined eligible for Veterans' | ||||||
7 | Benefits, Social Security benefits,
assistance allotments from | ||||||
8 | the armed forces, court ordered payments, parental
voluntary | ||||||
9 | payments, Supplemental Security Income, Railroad Retirement
| ||||||
10 | payments, Black Lung benefits, or other miscellaneous | ||||||
11 | payments. Interest
earned by each account shall be credited to | ||||||
12 | the account, unless
disbursed in accordance with this | ||||||
13 | subsection.
| ||||||
14 | In disbursing funds from children's accounts, the | ||||||
15 | Department
shall:
| ||||||
16 | (1) Establish standards in accordance with State and | ||||||
17 | federal laws for
disbursing money from children's | ||||||
18 | accounts. In all
circumstances,
the Department's | ||||||
19 | "Guardianship Administrator" or his or her designee must
| ||||||
20 | approve disbursements from children's accounts. The | ||||||
21 | Department
shall be responsible for keeping complete | ||||||
22 | records of all disbursements for each account for any | ||||||
23 | purpose.
| ||||||
24 | (2) Calculate on a monthly basis the amounts paid from | ||||||
25 | State funds for the
child's board and care, medical care | ||||||
26 | not covered under Medicaid, and social
services; and |
| |||||||
| |||||||
1 | utilize funds from the child's account, as
covered by | ||||||
2 | regulation, to reimburse those costs. Monthly, | ||||||
3 | disbursements from
all children's accounts, up to 1/12 of | ||||||
4 | $13,000,000, shall be
deposited by the Department into the | ||||||
5 | General Revenue Fund and the balance over
1/12 of | ||||||
6 | $13,000,000 into the DCFS Children's Services Fund.
| ||||||
7 | (3) Maintain any balance remaining after reimbursing | ||||||
8 | for the child's costs
of care, as specified in item (2). | ||||||
9 | The balance shall accumulate in accordance
with relevant | ||||||
10 | State and federal laws and shall be disbursed to the child | ||||||
11 | or his
or her guardian, or to the issuing agency.
| ||||||
12 | (r) The Department shall promulgate regulations | ||||||
13 | encouraging all adoption
agencies to voluntarily forward to the | ||||||
14 | Department or its agent names and
addresses of all persons who | ||||||
15 | have applied for and have been approved for
adoption of a | ||||||
16 | hard-to-place or handicapped child and the names of such
| ||||||
17 | children who have not been placed for adoption. A list of such | ||||||
18 | names and
addresses shall be maintained by the Department or | ||||||
19 | its agent, and coded
lists which maintain the confidentiality | ||||||
20 | of the person seeking to adopt the
child and of the child shall | ||||||
21 | be made available, without charge, to every
adoption agency in | ||||||
22 | the State to assist the agencies in placing such
children for | ||||||
23 | adoption. The Department may delegate to an agent its duty to
| ||||||
24 | maintain and make available such lists. The Department shall | ||||||
25 | ensure that
such agent maintains the confidentiality of the | ||||||
26 | person seeking to adopt the
child and of the child.
|
| |||||||
| |||||||
1 | (s) The Department of Children and Family Services may | ||||||
2 | establish and
implement a program to reimburse Department and | ||||||
3 | private child welfare
agency foster parents licensed by the | ||||||
4 | Department of Children and Family
Services for damages | ||||||
5 | sustained by the foster parents as a result of the
malicious or | ||||||
6 | negligent acts of foster children, as well as providing third
| ||||||
7 | party coverage for such foster parents with regard to actions | ||||||
8 | of foster
children to other individuals. Such coverage will be | ||||||
9 | secondary to the
foster parent liability insurance policy, if | ||||||
10 | applicable. The program shall
be funded through appropriations | ||||||
11 | from the General Revenue Fund,
specifically designated for such | ||||||
12 | purposes.
| ||||||
13 | (t) The Department shall perform home studies and | ||||||
14 | investigations and
shall exercise supervision over visitation | ||||||
15 | as ordered by a court pursuant
to the Illinois Marriage and | ||||||
16 | Dissolution of Marriage Act or the Adoption
Act only if:
| ||||||
17 | (1) an order entered by an Illinois court specifically
| ||||||
18 | directs the Department to perform such services; and
| ||||||
19 | (2) the court has ordered one or both of the parties to
| ||||||
20 | the proceeding to reimburse the Department for its | ||||||
21 | reasonable costs for
providing such services in accordance | ||||||
22 | with Department rules, or has
determined that neither party | ||||||
23 | is financially able to pay.
| ||||||
24 | The Department shall provide written notification to the | ||||||
25 | court of the
specific arrangements for supervised visitation | ||||||
26 | and projected monthly costs
within 60 days of the court order. |
| |||||||
| |||||||
1 | The Department shall send to the court
information related to | ||||||
2 | the costs incurred except in cases where the court
has | ||||||
3 | determined the parties are financially unable to pay. The court | ||||||
4 | may
order additional periodic reports as appropriate.
| ||||||
5 | (u) In addition to other information that must be provided, | ||||||
6 | whenever the Department places a child with a prospective | ||||||
7 | adoptive parent or parents or in a licensed foster home,
group | ||||||
8 | home, child care institution, or in a relative home, the | ||||||
9 | Department
shall provide to the prospective adoptive parent or | ||||||
10 | parents or other caretaker:
| ||||||
11 | (1) available detailed information concerning the | ||||||
12 | child's educational
and health history, copies of | ||||||
13 | immunization records (including insurance
and medical card | ||||||
14 | information), a history of the child's previous | ||||||
15 | placements,
if any, and reasons for placement changes | ||||||
16 | excluding any information that
identifies or reveals the | ||||||
17 | location of any previous caretaker;
| ||||||
18 | (2) a copy of the child's portion of the client service | ||||||
19 | plan, including
any visitation arrangement, and all | ||||||
20 | amendments or revisions to it as
related to the child; and
| ||||||
21 | (3) information containing details of the child's | ||||||
22 | individualized
educational plan when the child is | ||||||
23 | receiving special education services.
| ||||||
24 | The caretaker shall be informed of any known social or | ||||||
25 | behavioral
information (including, but not limited to, | ||||||
26 | criminal background, fire
setting, perpetuation of
sexual |
| |||||||
| |||||||
1 | abuse, destructive behavior, and substance abuse) necessary to | ||||||
2 | care
for and safeguard the children to be placed or currently | ||||||
3 | in the home. The Department may prepare a written summary of | ||||||
4 | the information required by this paragraph, which may be | ||||||
5 | provided to the foster or prospective adoptive parent in | ||||||
6 | advance of a placement. The foster or prospective adoptive | ||||||
7 | parent may review the supporting documents in the child's file | ||||||
8 | in the presence of casework staff. In the case of an emergency | ||||||
9 | placement, casework staff shall at least provide known | ||||||
10 | information verbally, if necessary, and must subsequently | ||||||
11 | provide the information in writing as required by this | ||||||
12 | subsection.
| ||||||
13 | The information described in this subsection shall be | ||||||
14 | provided in writing. In the case of emergency placements when | ||||||
15 | time does not allow prior review, preparation, and collection | ||||||
16 | of written information, the Department shall provide such | ||||||
17 | information as it becomes available. Within 10 business days | ||||||
18 | after placement, the Department shall obtain from the | ||||||
19 | prospective adoptive parent or parents or other caretaker a | ||||||
20 | signed verification of receipt of the information provided. | ||||||
21 | Within 10 business days after placement, the Department shall | ||||||
22 | provide to the child's guardian ad litem a copy of the | ||||||
23 | information provided to the prospective adoptive parent or | ||||||
24 | parents or other caretaker. The information provided to the | ||||||
25 | prospective adoptive parent or parents or other caretaker shall | ||||||
26 | be reviewed and approved regarding accuracy at the supervisory |
| |||||||
| |||||||
1 | level.
| ||||||
2 | (u-5) Effective July 1, 1995, only foster care placements | ||||||
3 | licensed as
foster family homes pursuant to the Child Care Act | ||||||
4 | of 1969 shall be eligible to
receive foster care payments from | ||||||
5 | the Department.
Relative caregivers who, as of July 1, 1995, | ||||||
6 | were approved pursuant to approved
relative placement rules | ||||||
7 | previously promulgated by the Department at 89 Ill.
Adm. Code | ||||||
8 | 335 and had submitted an application for licensure as a foster | ||||||
9 | family
home may continue to receive foster care payments only | ||||||
10 | until the Department
determines that they may be licensed as a | ||||||
11 | foster family home or that their
application for licensure is | ||||||
12 | denied or until September 30, 1995, whichever
occurs first.
| ||||||
13 | (v) The Department shall access criminal history record | ||||||
14 | information
as defined in the Illinois Uniform Conviction | ||||||
15 | Information Act and information
maintained in the adjudicatory | ||||||
16 | and dispositional record system as defined in
Section 2605-355 | ||||||
17 | of the
Department of State Police Law (20 ILCS 2605/2605-355)
| ||||||
18 | if the Department determines the information is necessary to | ||||||
19 | perform its duties
under the Abused and Neglected Child | ||||||
20 | Reporting Act, the Child Care Act of 1969,
and the Children and | ||||||
21 | Family Services Act. The Department shall provide for
| ||||||
22 | interactive computerized communication and processing | ||||||
23 | equipment that permits
direct on-line communication with the | ||||||
24 | Department of State Police's central
criminal history data | ||||||
25 | repository. The Department shall comply with all
certification | ||||||
26 | requirements and provide certified operators who have been
|
| |||||||
| |||||||
1 | trained by personnel from the Department of State Police. In | ||||||
2 | addition, one
Office of the Inspector General investigator | ||||||
3 | shall have training in the use of
the criminal history | ||||||
4 | information access system and have
access to the terminal. The | ||||||
5 | Department of Children and Family Services and its
employees | ||||||
6 | shall abide by rules and regulations established by the | ||||||
7 | Department of
State Police relating to the access and | ||||||
8 | dissemination of
this information.
| ||||||
9 | (v-1) Prior to final approval for placement of a child, the | ||||||
10 | Department shall conduct a criminal records background check of | ||||||
11 | the prospective foster or adoptive parent, including | ||||||
12 | fingerprint-based checks of national crime information | ||||||
13 | databases. Final approval for placement shall not be granted if | ||||||
14 | the record check reveals a felony conviction for child abuse or | ||||||
15 | neglect, for spousal abuse, for a crime against children, or | ||||||
16 | for a crime involving violence, including rape, sexual assault, | ||||||
17 | or homicide, but not including other physical assault or | ||||||
18 | battery, or if there is a felony conviction for physical | ||||||
19 | assault, battery, or a drug-related offense committed within | ||||||
20 | the past 5 years. | ||||||
21 | (v-2) Prior to final approval for placement of a child, the | ||||||
22 | Department shall check its child abuse and neglect registry for | ||||||
23 | information concerning prospective foster and adoptive | ||||||
24 | parents, and any adult living in the home. If any prospective | ||||||
25 | foster or adoptive parent or other adult living in the home has | ||||||
26 | resided in another state in the preceding 5 years, the |
| |||||||
| |||||||
1 | Department shall request a check of that other state's child | ||||||
2 | abuse and neglect registry.
| ||||||
3 | (w) Within 120 days of August 20, 1995 (the effective date | ||||||
4 | of Public Act
89-392), the Department shall prepare and submit | ||||||
5 | to the Governor and the
General Assembly, a written plan for | ||||||
6 | the development of in-state licensed
secure child care | ||||||
7 | facilities that care for children who are in need of secure
| ||||||
8 | living
arrangements for their health, safety, and well-being. | ||||||
9 | For purposes of this
subsection, secure care facility shall | ||||||
10 | mean a facility that is designed and
operated to ensure that | ||||||
11 | all entrances and exits from the facility, a building
or a | ||||||
12 | distinct part of the building, are under the exclusive control | ||||||
13 | of the
staff of the facility, whether or not the child has the | ||||||
14 | freedom of movement
within the perimeter of the facility, | ||||||
15 | building, or distinct part of the
building. The plan shall | ||||||
16 | include descriptions of the types of facilities that
are needed | ||||||
17 | in Illinois; the cost of developing these secure care | ||||||
18 | facilities;
the estimated number of placements; the potential | ||||||
19 | cost savings resulting from
the movement of children currently | ||||||
20 | out-of-state who are projected to be
returned to Illinois; the | ||||||
21 | necessary geographic distribution of these
facilities in | ||||||
22 | Illinois; and a proposed timetable for development of such
| ||||||
23 | facilities. | ||||||
24 | (Source: P.A. 94-215, eff. 1-1-06; 94-1010, eff. 10-1-06; | ||||||
25 | 95-10, eff. 6-30-07; 95-601, eff. 9-11-07; 95-642, eff. 6-1-08; | ||||||
26 | 95-876, eff. 8-21-08.)
|
| |||||||
| |||||||
1 | (20 ILCS 505/5a) (from Ch. 23, par. 5005a)
| ||||||
2 | Sec. 5a.
Reimbursable services for which the Department of | ||||||
3 | Children and
Family Services shall pay 100% of the reasonable | ||||||
4 | cost pursuant to a written
contract negotiated between the | ||||||
5 | Department and the agency furnishing the
services (which shall | ||||||
6 | include but not be limited to the determination of
reasonable | ||||||
7 | cost, the services being purchased and the duration of the
| ||||||
8 | agreement) include, but are not limited to:
| ||||||
9 | SERVICE ACTIVITIES
| ||||||
10 | Adjunctive Therapy;
| ||||||
11 | Child Care Service, including day care;
| ||||||
12 | Clinical Therapy;
| ||||||
13 | Custodial Service;
| ||||||
14 | Field Work Students;
| ||||||
15 | Food Service;
| ||||||
16 | Normal Education;
| ||||||
17 | In-Service Training;
| ||||||
18 | Intake or Evaluation, or both;
| ||||||
19 | Medical Services;
| ||||||
20 | Recreation;
| ||||||
21 | Social Work or Counselling, or both;
| ||||||
22 | Supportive Staff;
| ||||||
23 | Volunteers.
|
| |||||||
| |||||||
1 | OBJECT EXPENSES
| ||||||
2 | Professional Fees and Contract Service Payments;
| ||||||
3 | Supplies;
| ||||||
4 | Telephone and Telegram;
| ||||||
5 | Occupancy;
| ||||||
6 | Local Transportation;
| ||||||
7 | Equipment and Other Fixed Assets, including amortization
| ||||||
8 | of same;
| ||||||
9 | Miscellaneous.
| ||||||
10 | ADMINISTRATIVE COSTS
| ||||||
11 | Program Administration;
| ||||||
12 | Supervision and Consultation;
| ||||||
13 | Inspection and Monitoring for purposes of issuing
| ||||||
14 | licenses;
| ||||||
15 | Determination of Children who are eligible
| ||||||
16 | for federal or other reimbursement;
| ||||||
17 | Postage and Shipping;
| ||||||
18 | Outside Printing, Artwork, etc.;
| ||||||
19 | Subscriptions and Reference Publications;
| ||||||
20 | Management and General Expense.
| ||||||
21 | Reimbursement of administrative costs other than inspection | ||||||
22 | and monitoring
for purposes of issuing licenses may not exceed | ||||||
23 | 20% of the costs
for other services.
| ||||||
24 | The Department may offer services to any child or family | ||||||
25 | with respect to whom a report of suspected child abuse or |
| |||||||
| |||||||
1 | neglect has been called in to the hotline after completion of a | ||||||
2 | family assessment as provided under subsection (a-5) of Section | ||||||
3 | 7.4 of the Abused and Neglected Child Reporting Act and the | ||||||
4 | Department has determined that services are needed to address | ||||||
5 | the safety of the child and other family members and the risk | ||||||
6 | of subsequent maltreatment. Acceptance of such services shall | ||||||
7 | be voluntary. | ||||||
8 | All Object Expenses, Service Activities and Administrative
| ||||||
9 | Costs are allowable.
| ||||||
10 | If a survey instrument is used in the rate setting process:
| ||||||
11 | (a) with respect to any day care centers, it shall be | ||||||
12 | limited to those
agencies which receive reimbursement from | ||||||
13 | the State;
| ||||||
14 | (b) the cost survey instrument shall be promulgated by | ||||||
15 | rule;
| ||||||
16 | (c) any requirements of the respondents shall be | ||||||
17 | promulgated by rule;
| ||||||
18 | (d) all screens, limits or other tests of | ||||||
19 | reasonableness, allowability
and reimbursability shall be | ||||||
20 | promulgated by rule;
| ||||||
21 | (e) adjustments may be made by the Department to rates | ||||||
22 | when it determines
that reported wage and salary levels are | ||||||
23 | insufficient to attract capable
caregivers in sufficient | ||||||
24 | numbers.
| ||||||
25 | The Department of Children and Family Services may pay 100% | ||||||
26 | of the
reasonable costs of research and valuation
focused |
| |||||||
| |||||||
1 | exclusively on services to wards of the Department. Such | ||||||
2 | research projects must be approved, in advance, by
the Director | ||||||
3 | of the Department.
| ||||||
4 | In addition to reimbursements otherwise provided for in | ||||||
5 | this Section,
the Department of Human Services shall, in | ||||||
6 | accordance with annual written
agreements, make
advance | ||||||
7 | quarterly disbursements to local public agencies for child day | ||||||
8 | care
services with funds appropriated from the Local Effort Day | ||||||
9 | Care Fund.
| ||||||
10 | Neither the Department of Children and Family Services nor | ||||||
11 | the
Department of Human Services shall pay or approve | ||||||
12 | reimbursement for
day care in a facility which is operating | ||||||
13 | without a valid license or permit,
except in the case of day | ||||||
14 | care homes or day care centers which are exempt from
the | ||||||
15 | licensing requirements of the "Child Care Act of 1969".
| ||||||
16 | (Source: P.A. 89-507, eff. 7-1-97 .)
| ||||||
17 | (20 ILCS 505/9.9) (from Ch. 23, par. 5009.9)
| ||||||
18 | Sec. 9.9. Review under Administrative Review Law. Any | ||||||
19 | responsible parent
or guardian affected by a final | ||||||
20 | administrative decision of the Department
in a hearing, | ||||||
21 | conducted pursuant to this Act, may have the decision reviewed
| ||||||
22 | only under and in accordance with the Administrative Review Law | ||||||
23 | as amended.
The provisions of the Administrative Review Law, | ||||||
24 | and the rules adopted pursuant
thereto, shall apply to and | ||||||
25 | govern all proceedings for the judicial review
of such final |
| |||||||
| |||||||
1 | administrative decisions of the Department. The term | ||||||
2 | "administrative
decision", is defined as in Section 3-101 of | ||||||
3 | the Code of Civil Procedure.
| ||||||
4 | Review of a final administrative decision under the | ||||||
5 | Administrative Review Law is not applicable to a decision to | ||||||
6 | conduct a family assessment as provided under subsection (a-5) | ||||||
7 | of Section 7.4 of the Abused and Neglected Child Reporting Act | ||||||
8 | because no determination concerning child abuse or neglect is | ||||||
9 | made and nothing is reported to the central register. | ||||||
10 | Appeals from all final orders and judgments entered by a | ||||||
11 | court upon review
of the Department's orders in any case may be | ||||||
12 | taken by either party to the
proceeding and shall be governed | ||||||
13 | by the rules applicable to appeals in civil cases.
| ||||||
14 | The remedy herein provided for appeal shall be exclusive, | ||||||
15 | and no court
shall have jurisdiction to review the subject | ||||||
16 | matter of any order made by
the Department except as herein | ||||||
17 | provided.
| ||||||
18 | (Source: P.A. 83-1037.)
| ||||||
19 | Section 10. The Abused and Neglected Child Reporting Act is | ||||||
20 | amended by changing Sections 7.4 and 11.6 as follows:
| ||||||
21 | (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
| ||||||
22 | Sec. 7.4. (a) The Department shall be capable of receiving | ||||||
23 | reports of
suspected child abuse or neglect 24 hours a day, 7 | ||||||
24 | days a week. Whenever
the Department receives a report alleging |
| |||||||
| |||||||
1 | that a child is a
truant as defined in Section 26-2a of The | ||||||
2 | School Code, as now or hereafter
amended, the Department shall | ||||||
3 | notify the superintendent of the school
district in which the | ||||||
4 | child resides and the appropriate superintendent of
the | ||||||
5 | educational service region. The notification to the | ||||||
6 | appropriate
officials by the Department shall not be considered | ||||||
7 | an allegation of abuse
or neglect under this Act.
| ||||||
8 | (a-5) Beginning January 1, 2010, the Department of Children | ||||||
9 | and Family Services may implement a 5-year demonstration of a | ||||||
10 | "differential response program" in accordance with criteria, | ||||||
11 | standards, and procedures prescribed by rule. The program may | ||||||
12 | provide that, upon receiving a report, the Department shall | ||||||
13 | determine whether to conduct a family assessment or an | ||||||
14 | investigation as appropriate to prevent or provide a remedy for | ||||||
15 | child abuse or neglect. | ||||||
16 | For purposes of this subsection (a-5), "family assessment" | ||||||
17 | means a comprehensive assessment of child safety, risk of | ||||||
18 | subsequent child maltreatment, and family strengths and needs | ||||||
19 | that is applied to a child maltreatment report that does not | ||||||
20 | allege substantial child endangerment. "Family assessment" | ||||||
21 | does not include a determination as to whether child | ||||||
22 | maltreatment occurred but does determine the need for services | ||||||
23 | to address the safety of family members and the risk of | ||||||
24 | subsequent maltreatment. | ||||||
25 | For purposes of this subsection (a-5), "investigation" | ||||||
26 | means fact-gathering related to the current safety of a child |
| |||||||
| |||||||
1 | and the risk of subsequent abuse or neglect that determines | ||||||
2 | whether a report of suspected child abuse or neglect should be | ||||||
3 | indicated or unfounded and whether child protective services | ||||||
4 | are needed. | ||||||
5 | Under the "differential response program" implemented | ||||||
6 | under this subsection (a-5), the Department: | ||||||
7 | (1) Shall conduct an investigation on reports | ||||||
8 | involving substantial child abuse or neglect. | ||||||
9 | (2) Shall begin an immediate investigation if, at any | ||||||
10 | time when it is using a family assessment response, it | ||||||
11 | determines that there is reason to believe that substantial | ||||||
12 | child abuse or neglect or a serious threat to the child's | ||||||
13 | safety exists. | ||||||
14 | (3) May conduct a family assessment for reports that do | ||||||
15 | not allege substantial child endangerment. In determining | ||||||
16 | that a family assessment is appropriate, the Department may | ||||||
17 | consider issues including, but not limited to, child | ||||||
18 | safety, parental cooperation, and the need for an immediate | ||||||
19 | response. | ||||||
20 | (4) Shall promulgate criteria, standards, and | ||||||
21 | procedures that shall be applied in making this | ||||||
22 | determination, taking into consideration the Child | ||||||
23 | Endangerment Risk Assessment Protocol of the Department. | ||||||
24 | (5) May conduct a family assessment on a report that | ||||||
25 | was initially screened and assigned for an investigation. | ||||||
26 | In determining that a complete investigation is not |
| |||||||
| |||||||
1 | required, the Department must document the reason for | ||||||
2 | terminating the investigation and notify the local law | ||||||
3 | enforcement agency or the Department of State Police if the | ||||||
4 | local law enforcement agency or Department of State Police is | ||||||
5 | conducting a joint investigation. | ||||||
6 | Once it is determined that a "family assessment" will be | ||||||
7 | implemented, the case shall not be reported to the central | ||||||
8 | register of abuse and neglect reports. | ||||||
9 | During a family assessment, the Department shall collect | ||||||
10 | any available and relevant information to determine child | ||||||
11 | safety, risk of subsequent abuse or neglect, and family | ||||||
12 | strengths. | ||||||
13 | Information collected includes, but is not limited to, when | ||||||
14 | relevant: information with regard to the person reporting the | ||||||
15 | alleged abuse or neglect, including the nature of the | ||||||
16 | reporter's relationship to the child and to the alleged | ||||||
17 | offender, and the basis of the reporter's knowledge for the | ||||||
18 | report; the child allegedly being abused or neglected; the | ||||||
19 | alleged offender; the child's caretaker; and other collateral | ||||||
20 | sources having relevant information related to the alleged | ||||||
21 | abuse or neglect. Information relevant to the assessment must | ||||||
22 | be asked for, and may include: | ||||||
23 | (A) The child's sex and age, prior reports of abuse or | ||||||
24 | neglect, information relating to developmental | ||||||
25 | functioning, credibility of the child's statement, and | ||||||
26 | whether the information provided under this paragraph (A) |
| |||||||
| |||||||
1 | is consistent with other information collected during the | ||||||
2 | course of the assessment or investigation. | ||||||
3 | (B) The alleged offender's age, a record check for | ||||||
4 | prior reports of abuse or neglect, and criminal charges and | ||||||
5 | convictions. The alleged offender may submit supporting | ||||||
6 | documentation relevant to the assessment. | ||||||
7 | (C) Collateral source information regarding the | ||||||
8 | alleged abuse or neglect and care of the child. Collateral | ||||||
9 | information includes, when relevant: (i) a medical | ||||||
10 | examination of the child; (ii) prior medical records | ||||||
11 | relating to the alleged maltreatment or care of the child | ||||||
12 | maintained by any facility, clinic, or health care | ||||||
13 | professional, and an interview with the treating | ||||||
14 | professionals; and (iii) interviews with the child's | ||||||
15 | caretakers, including the child's parent, guardian, foster | ||||||
16 | parent, child care provider, teachers, counselors, family | ||||||
17 | members, relatives, and other persons who may have | ||||||
18 | knowledge regarding the alleged maltreatment and the care | ||||||
19 | of the child. | ||||||
20 | (D) Information on the existence of domestic abuse and | ||||||
21 | violence in the home of the child, and substance abuse. | ||||||
22 | Nothing in this subsection (a-5) precludes the Department | ||||||
23 | from collecting other relevant information necessary to | ||||||
24 | conduct the assessment or investigation. Nothing in this | ||||||
25 | subsection (a-5) shall be construed to allow the name or | ||||||
26 | identity of a reporter to be disclosed in violation of the |
| |||||||
| |||||||
1 | protections afforded under Section 7.19 of this Act. | ||||||
2 | After conducting the family assessment, the Department | ||||||
3 | shall determine whether services are needed to address the | ||||||
4 | safety of the child and other family members and the risk of | ||||||
5 | subsequent abuse or neglect. | ||||||
6 | Upon completion of the family assessment, if the Department | ||||||
7 | concludes that no services shall be offered, then the case | ||||||
8 | shall be closed. If the Department concludes that services | ||||||
9 | shall be offered, the Department shall develop a family | ||||||
10 | preservation plan and offer or refer services to the family. | ||||||
11 | At any time during a family assessment, if the Department | ||||||
12 | believes there is any reason to stop the assessment and conduct | ||||||
13 | an investigation based on the information discovered, the | ||||||
14 | Department shall do so. | ||||||
15 | The procedures available to the Department in conducting | ||||||
16 | investigations under this Act shall be followed as appropriate | ||||||
17 | during a family assessment. | ||||||
18 | The Department shall arrange for an independent evaluation | ||||||
19 | of the "differential response program" authorized and | ||||||
20 | implemented under this subsection (a-5) to determine whether it | ||||||
21 | is meeting the goals in accordance with Section 2 of this Act. | ||||||
22 | The Department may adopt administrative rules necessary for the | ||||||
23 | execution of this Section, in accordance with Section 4 of the | ||||||
24 | Children and Family Services Act. | ||||||
25 | The demonstration conducted under this subsection (a-5) | ||||||
26 | shall become a permanent program on January 1, 2015, upon |
| |||||||
| |||||||
1 | completion of the demonstration project period.
| ||||||
2 | (b) (1) The following procedures shall be followed in the | ||||||
3 | investigation
of all reports of suspected abuse or neglect | ||||||
4 | of a child, except as provided
in subsection (c) of this | ||||||
5 | Section.
| ||||||
6 | (2) If , during a family assessment authorized by | ||||||
7 | subsection (a-5) or an investigation, it appears that the | ||||||
8 | immediate safety or well-being of a child is
endangered, | ||||||
9 | that the family may flee or the child disappear, or that | ||||||
10 | the
facts otherwise so warrant, the Child Protective | ||||||
11 | Service Unit shall
commence an investigation immediately, | ||||||
12 | regardless of the time of day or
night. All other | ||||||
13 | investigations In all other cases, investigation shall be | ||||||
14 | commenced within 24
hours of receipt of the report. Upon | ||||||
15 | receipt of a report, the Child
Protective Service Unit | ||||||
16 | shall conduct a family assessment authorized by subsection | ||||||
17 | (a-5) or begin make an initial investigation and make an | ||||||
18 | initial
determination whether the report is a good faith | ||||||
19 | indication of alleged
child abuse or neglect.
| ||||||
20 | (3) Based on an initial investigation, if If the Unit | ||||||
21 | determines the report is a good faith
indication of alleged | ||||||
22 | child abuse or neglect, then a formal investigation
shall | ||||||
23 | commence and, pursuant to Section 7.12 of this Act, may or | ||||||
24 | may not
result in an indicated report. The formal | ||||||
25 | investigation shall include:
direct contact with the | ||||||
26 | subject or subjects of the report as soon as
possible after |
| |||||||
| |||||||
1 | the report is received; an
evaluation of the environment of | ||||||
2 | the child named in the report and any other
children in the | ||||||
3 | same environment; a determination of the risk to such
| ||||||
4 | children if they continue to remain in the existing | ||||||
5 | environments, as well
as a determination of the nature, | ||||||
6 | extent and cause of any condition
enumerated in such | ||||||
7 | report; the name, age and condition of other children in
| ||||||
8 | the environment; and an evaluation as to whether there | ||||||
9 | would be an
immediate and urgent necessity to remove the | ||||||
10 | child from the environment if
appropriate family | ||||||
11 | preservation services were provided. After seeing to
the | ||||||
12 | safety of the child or children, the Department shall
| ||||||
13 | forthwith notify the subjects of the report in writing, of | ||||||
14 | the existence
of the report and their rights existing under | ||||||
15 | this Act in regard to amendment
or expungement. To fulfill | ||||||
16 | the requirements of this Section, the Child
Protective | ||||||
17 | Service Unit shall have the capability of providing or | ||||||
18 | arranging
for comprehensive emergency services to children | ||||||
19 | and families at all times
of the day or night.
| ||||||
20 | (4) If (i) at the conclusion of the Unit's initial | ||||||
21 | investigation of a
report, the Unit determines the report | ||||||
22 | to be a good faith indication of
alleged child abuse or | ||||||
23 | neglect that warrants a formal investigation by
the Unit, | ||||||
24 | the Department, any law enforcement agency or any other
| ||||||
25 | responsible agency and (ii) the person who is alleged to | ||||||
26 | have caused the
abuse or neglect is employed or otherwise |
| |||||||
| |||||||
1 | engaged in an activity resulting
in frequent contact with | ||||||
2 | children and the alleged abuse or neglect are in
the course | ||||||
3 | of such employment or activity, then the Department shall,
| ||||||
4 | except in investigations where the Director determines | ||||||
5 | that such
notification would be detrimental to the | ||||||
6 | Department's investigation, inform
the appropriate | ||||||
7 | supervisor or administrator of that employment or activity
| ||||||
8 | that the Unit has commenced a formal investigation pursuant | ||||||
9 | to this Act,
which may or may not result in an indicated | ||||||
10 | report. The Department shall also
notify the person being | ||||||
11 | investigated, unless the Director determines that
such | ||||||
12 | notification would be detrimental to the Department's | ||||||
13 | investigation.
| ||||||
14 | (c) In an investigation of a report of suspected abuse or | ||||||
15 | neglect of
a child by a school employee at a school or on | ||||||
16 | school grounds, the
Department shall make reasonable efforts to | ||||||
17 | follow the following procedures:
| ||||||
18 | (1) Investigations involving teachers shall not, to | ||||||
19 | the extent possible,
be conducted when the teacher is | ||||||
20 | scheduled to conduct classes.
Investigations involving | ||||||
21 | other school employees shall be conducted so as to
minimize | ||||||
22 | disruption of the school day. The school employee accused | ||||||
23 | of
child abuse or neglect may have his superior, his | ||||||
24 | association or union
representative and his attorney | ||||||
25 | present at any interview or meeting at
which the teacher or | ||||||
26 | administrator is present. The accused school employee
|
| |||||||
| |||||||
1 | shall be informed by a representative of the Department, at | ||||||
2 | any
interview or meeting, of the accused school employee's | ||||||
3 | due process rights
and of the steps in the investigation | ||||||
4 | process.
The information shall include, but need not | ||||||
5 | necessarily be limited to the
right, subject to the | ||||||
6 | approval of the Department, of the school employee to
| ||||||
7 | confront the accuser, if the accuser is 14 years of age or | ||||||
8 | older, or the
right to review the specific allegations | ||||||
9 | which gave rise to the
investigation, and the right to | ||||||
10 | review all materials and evidence that have
been submitted | ||||||
11 | to the Department in support of the allegation. These due
| ||||||
12 | process rights shall also include the right of the school | ||||||
13 | employee to
present countervailing evidence regarding the | ||||||
14 | accusations.
| ||||||
15 | (2) If a report of neglect or abuse of a child by a | ||||||
16 | teacher or
administrator does not involve allegations of | ||||||
17 | sexual abuse or extreme
physical abuse, the Child | ||||||
18 | Protective Service Unit shall make reasonable
efforts to | ||||||
19 | conduct the initial investigation in coordination with the
| ||||||
20 | employee's supervisor.
| ||||||
21 | If the Unit determines that the report is a good faith | ||||||
22 | indication of
potential child abuse or neglect, it shall | ||||||
23 | then commence a formal
investigation under paragraph (3) of | ||||||
24 | subsection (b) of this Section.
| ||||||
25 | (3) If a report of neglect or abuse of a child by a | ||||||
26 | teacher or
administrator involves an allegation of sexual |
| |||||||
| |||||||
1 | abuse or extreme physical
abuse, the Child Protective Unit | ||||||
2 | shall commence an investigation under
paragraph (2) of | ||||||
3 | subsection (b) of this Section.
| ||||||
4 | (c-5) In any instance in which a report is made or caused | ||||||
5 | to made by a school district employee involving the conduct of | ||||||
6 | a person employed by the school district, at the time the | ||||||
7 | report was made, as required under Section 4 of this Act, the | ||||||
8 | Child Protective Service Unit shall send a copy of its final | ||||||
9 | finding report to the general superintendent of that school | ||||||
10 | district.
| ||||||
11 | (d) If the Department has contact with an employer, or with | ||||||
12 | a religious
institution or religious official having | ||||||
13 | supervisory or hierarchical authority
over a member of the | ||||||
14 | clergy accused of the abuse of a child,
in the course of its
| ||||||
15 | investigation, the Department shall notify the employer or the | ||||||
16 | religious
institution or religious official, in writing, when a
| ||||||
17 | report is unfounded so that any record of the investigation can | ||||||
18 | be expunged
from the employee's or member of the clergy's | ||||||
19 | personnel or other
records. The Department shall also notify
| ||||||
20 | the employee or the member of the clergy, in writing, that | ||||||
21 | notification
has been sent to the employer or to the | ||||||
22 | appropriate religious institution or
religious official
| ||||||
23 | informing the employer or religious institution or religious | ||||||
24 | official that
the
Department's investigation has resulted in
an | ||||||
25 | unfounded report.
| ||||||
26 | (e) Upon request by the Department, the
Department of State |
| |||||||
| |||||||
1 | Police and law enforcement agencies are
authorized to provide | ||||||
2 | criminal history record information
as defined in the Illinois | ||||||
3 | Uniform Conviction Information Act and information
maintained | ||||||
4 | in
the adjudicatory and dispositional record system as defined | ||||||
5 | in Section
2605-355 of the Department of State Police Law (20 | ||||||
6 | ILCS
2605/2605-355) to properly
designated
employees of the
| ||||||
7 | Department of Children
and Family Services if the Department | ||||||
8 | determines the information is
necessary to perform its duties | ||||||
9 | under the Abused and
Neglected Child Reporting Act, the Child | ||||||
10 | Care Act of 1969, and the Children and
Family Services Act. The
| ||||||
11 | request shall be in the form and manner required
by
the | ||||||
12 | Department of State Police. Any information obtained by the | ||||||
13 | Department of
Children
and Family Services under this Section | ||||||
14 | is
confidential and may not be transmitted outside the | ||||||
15 | Department of Children
and Family Services other than to a | ||||||
16 | court of competent jurisdiction or unless
otherwise authorized | ||||||
17 | by law.
Any employee of the Department of Children and Family | ||||||
18 | Services who transmits
confidential information in
violation | ||||||
19 | of this
Section or causes the information to be
transmitted in | ||||||
20 | violation of this Section is guilty of a Class A
misdemeanor | ||||||
21 | unless the transmittal of
the
information is
authorized by this | ||||||
22 | Section or otherwise authorized by law.
| ||||||
23 | (Source: P.A. 95-908, eff. 8-26-08.)
| ||||||
24 | (325 ILCS 5/11.6) (from Ch. 23, par. 2061.6)
| ||||||
25 | Sec. 11.6.
All final administrative decisions of the |
| |||||||
| |||||||
1 | Department under
this Act are subject to judicial review
under | ||||||
2 | the Administrative Review Law, as now or hereafter amended,
and | ||||||
3 | the rules adopted pursuant thereto.
The term "administrative | ||||||
4 | decision" is defined as in Section 3-101 of the
Code of Civil | ||||||
5 | Procedure. | ||||||
6 | Review of a final administrative decision under the | ||||||
7 | Administrative Review Law is not applicable to a decision to | ||||||
8 | conduct a family assessment under subsection (a-5) of Section | ||||||
9 | 7.4 because no determination concerning child abuse or neglect | ||||||
10 | is made and nothing is reported to the central register.
| ||||||
11 | (Source: P.A. 82-783.)".
|